Checklist of readiness for providers to start using AI Scribes
You know you want to cut down time on writing notes for your encounters, but what regulatory requirements do you need to follow to get started? We've put together a checklist of steps to help you out:
- Review and confirm the scribe technology is HIPAA Compliant.
- Review and ask about the AI practices of the company, especially around patient data not used for training.
- Sign a Business Associate Agreement (BAA) with the scribe company.
- Have the patient sign a HIPAA Notice of Privacy Practice (NPP) Acknowledgement Form, if you haven't already.
- Talk to your patient about the option to use an AI scribe.
- Have at least verbal consent comment in at least the first note through the AI scribe. If you prefer to get signed consent from patient for using an AI scribe, or substance use is relevant to the care, download this form to send to clients. (link to downloadable templates)
How to talk to patients about AI scribe use
A critical part of using AI scribes effectively is having your clients comfortable with it. Without understanding how a specific technology works, clients could feel confused and uncertain about it, especially with the media talking about so many different uses of AI. This is a guide to let your clients feel comfortable making an informed decision.
- Start with how it benefits the client, and give them choice. Ask in a clear way at the beginning of a session. For example:
"I use an AI scribe to take notes, which lets me fully focus on our conversation. We don't have to use it, but if you're open, I can explain how it works, how the data is handled."
If they say no, respond with something like, "No problem. We can continue sessions the way we have been."
If they are open, continue with the following.
- Describe how data is processed and stored. Each vendor handles data processing a different way. This is a simple explanation of Emotivo's data use:
"It takes short snippets of conversation audio and processes it on my computer, not in the cloud, turns that into a transcript. Then the transcript gets turned into a short note and other data like how long we talked for. Only this final data is stored in the cloud -- no audio, no transcript."
If client asks about what happens to the stored data, the next step should help.
- Explain how data is stored and used. Each vendor stores different data, and Emotivo strives to balance storing only what's necessary for better care, without increasing compliance risk. Here's a sample response for your client:
"The software uses the same HIPAA Compliance standards that I have already been using to store notes, so no one without permission can get to it. The data is stored as long we continue meeting, so I can remember what we've discussed and be better prepared for our next sessions. But if you ever want that data deleted earlier, we can do that, too."
If the client asks who has access to the transcript when it gets processed into a short note, only servers have access, locked down by HIPAA and SOC 2 Compliance. As you are the only human with access before processing, you can give more options in the next step.
- Mention redaction options. There are multiple levels of redaction handled in the processing. The first step is on your computer, before any AI is applied. You can remove parts of the conversation before a note is generated based on your knowledge of the client. At the end of the session, also feel free to ask the client if they would like any part of the conversation to remain outside of notes.
"If you want to make sure some of our discussion stays out of any note generated, I can remove that information from the transcript before it gets processed. I'll also review the note before it's saved."
If a client is open to try out the tool during the session, let them know that you will check back with them every few sessions to understand how they feel about the tool. They should feel comfortable to change their mind on using the scribe tool at any point, even mid-session. (Emotivo's software has the option to stop or pause and restart mid-session.)
If a client is still unsure and wants more information to review on their own time, you can send them links to this article.
